The High Court has declared illegal the activities of Bangladesh Agricultural Development Corporation (BADC) to fill the water bodies marked in the Detailed Area Plan (DAP) and ordered to restore the water body to its original condition within three months.
The High Court gave this judgement on Sunday. At the same time, the court directed BADC to maintain the area as a reservoir, according to a press release.
After the final hearing of a public interest case filed by the Bangladesh Environmental Lawyers Association (BELA), a division bench of the High Court comprising Justice Naima Haider and Justice Kazi Zeenat Haque delivered the verdict.
The 117-acre reservoir in the Gaidartek area of Mirpur under Dhaka North City Corporation (DNCC) has been identified as the Water Regulating Pond of the DNCC.
The pond is identified as a water body in DAP (2022-2035).
The BADC has filled up about 12 acres of the water body marked in DAP (2022-2035) for the construction of the "Central Tissue Culture and Seed Health Laboratory" with the aim of modern methods of seed potato production.
The news of the filling of this water body of public importance by the government agency was published in the national daily of the country.
Based on the published news, the Capital Development Authority and Dhaka North City Corporation sent a letter to the Bangladesh Agriculture Development Corporation against the filling of the reservoir.
Without taking into account the letter from the Capital Development Authority and Dhaka North City Corporation and without receiving approval from the relevant authorities, the Bangladesh Agricultural Development Corporation filled the reservoir.
The Conservation of Natural Watersheds Act, 2000, and the Detailed Area Plan gazetted by the government do not allow for reclassification of land identified as water bodies and taking up sand filling and other development activities in water bodies.
According to the Town Improvement Act, 1953, there is an obligation to obtain the approval of Rajuk to build and develop any kind of infrastructure in the area under the jurisdiction of Rajuk.
When a public interest case was filed on August 1, 2023, against the filling of reservoirs by the Bangladesh Agricultural Development Corporation in violation of the laws prevailing in the country, the High Court issued a show cause notice on August 13, 2023, and banned the filling.
The defendants in the case are:
- Secretary, Ministry of Environment, Forests and Climate Change
- Secretary, Ministry of Agriculture
- Secretary, Ministry of Housing and Public Works
- Mayor, Dhaka North City Corporation
- Chairman, Capital Development Authority
- Chairman, Bangladesh Agricultural Development Corporation
- Director General, Environment Department
- Deputy Commissioner of Dhaka District
- Superintendent of Dhaka Police
- Chief Urban Planner, Capital Development Authority
- Director, Environment Directorate, Dhaka Metropolis
- Project Director, Central Tissue Culture and Seed Health Laboratory, Bangladesh Agricultural Development Corporation
Advocate Mohammad Ashraf Ali argued the case for Bela and was assisted by Advocate S Hasanul Banna. Additional Attorney General Sheikh Mohammad Morshed heard the case for the state. Advocate SM Zahurul Islam handled the case on behalf of BADC, Advocate Imam Hasan on behalf of Rajuk, and Advocate Reza-e-Rabbi Khandaker and Advocate Syeda Silma Tamarina were the lawyers for DNCC.
On December 13, 2023, the Bangladesh Institute of Planners (BIP) organized a press conference titled “Impediments to Implementation of Detailed Area Plan (2022-35): Watershed Filling by Government Institutions including BADC” to protect the reservoir.
Besides, on December 7, 2023, founder president of Human Rights Culture Foundation Sultana Kamal, Nijera Kori Coordinator Khushi Kabir, Association for Land Reform and Development (ALRD) Executive Director Shamsul Huda, Transparency International Bangladesh (TIB) Executive Director Dr Iftekharuzzaman, Ain o Salish Kendra (ASK) Executive Director Faruq Faisel, state legal adviser SM Rezaul Karim, Bangladesh Poribesh Andolon (BAP) General Secretary Alamgir Kabir and planner Prof Adil Muhammad Khan sent a letter.